Buttpedia Terms and Conditions of Use

Last Modified: 26 June, 2017

Welcome to www.buttpedia.com (herein referred to as “website”; “we”; “blog”).

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THE WEBSITE.

This page explains the terms by which you may use the website and the materials, services or software accessible through it (the “Service”). By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

If you do not agree with any of these terms, please do not use this website. The materials contained in this website are protected by applicable copyright and trade mark law. We do occasionally update these terms so please refer back to them in the future.

We reserve the right to modify this Agreement at any time. If we change this Agreement, we shall identify a new date after the “Last Modified” appearing above. By using our Website after we post any changes to this Agreement, you agree to accept those changes, whether or not you have reviewed them. If you do not wish to be bound by this Agreement, you are not authorized to use our Website.

1 General

You must be at least 18 [eighteen] years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

These Terms and the other policies posted on the website constitute the complete and exclusive understanding and agreement between you and Buttpedia and govern your use of the Service and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.

If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us by email.

2 Copyright Infringement

If you believe material on the website is infringing upon your copyright, please e-mail us with the following and the infringing material will be removed as soon as possible. (a) your name, address, telephone number, and e-mail address; (b) a description of the copyrighted work that you claim has been infringed; (c) the exact URL or a description of each place where alleged infringing material is located; (d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law; (e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and (f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

3 Content Policy

3.1 User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the website and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the website.

In connection with such Content posted on, transmitted through, or linked from the website by you, you affirm, acknowledge, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use such Content on the Website (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize Buttpedia to use such Content to enable inclusion and use of the Content in the manner contemplated by the Website and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Website and these Terms.

For clarity, you retain all of your ownership rights in your Content; however, by submitting the Content to Buttpedia, you hereby grant to Buttpedia a worldwide, irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable, transferable license to use, reproduce, distribute, adapt, translate, prepare derivative works of, display, and perform the Content in connection with the Website and Buttpedia’s (and its successors’) business, including without limitation for the purpose of promoting and redistributing part or all of the Website and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known.

You also grant to Buttpedia the right to sub-license these rights, and the right to bring an action for infringement of these rights.

These rights are required by Buttpedia in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to Buttpedia all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Website by any party for any purpose.

You also hereby grant each user of the Website a non-exclusive license to access your Content through the Website. The foregoing license to each user granted by you terminates once you remove or delete such Content from the Website

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Buttpedia or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Buttpedia reserves the right to edit or remove any material submitted to this website, or stored on the servers of Buttpedia, or hosted or published upon this website.

Buttpedia’s rights under these terms and conditions in relation to user content, Buttpedia does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

3.2 Other Content

You understand that Buttpedia does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails outside Buttpedia’s e-mail system or other means of electronic communication, whether through the Website or another Third Party Website or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Website and that by using the Website you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Buttpedia be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the use of any Content listed, e-mailed or otherwise made available via the Website.

You acknowledge and agree that Buttpedia does not pre-screen or approve any Content, but that Buttpedia has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms or for any other reason or no reason at all.

Furthermore, the Website and Content available through the Website may contain links to other third party websites which are completely unrelated to Buttpedia. If you link to Third Party website, you may be subject to those Third Party website’ terms and conditions and other policies. Buttpedia makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and Buttpedia disclaims all liability thereto.

3.3 Submissions

This Website enables you to post comments and other content to the articles in our Website (“Submissions”). We believe that our Website facilitate communication, self-expression, freedom of speech, and encourages the healthy exchange of information and viewpoints. You acknowledge and agree that we do not and shall not have any obligation to review Submissions, and therefore we do not guarantee the accuracy, integrity or quality of Submissions and we cannot ensure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on our Website. However, you acknowledge and agree that we have the right to monitor and to alter, edit, refuse to post or remove any Submission that you post to our Website, in whole or in part, for any reason or for no reason, in our sole discretion, and you agree that we do not have any obligation to use or respond to any Submission. You agree that you shall immediately notify us in writing of any objectionable Submissions or other content appearing on our Website.

4 Use License

You will be able to access this website without having to register any details with us. You are permitted to use our website for your own purposes and to print and download material from this website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.

The copyright and other intellectual property rights in all material on this website, including articles, photographs and graphical images, are owned by us or our licensors and must not be reproduced without our prior consent.

5 The Don’t’s

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of Buttpedia or in any way which is unlawful, harassing, defamatory, pornographic, libelous, invasive of another’s privacy or other rights, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to this website without Buttpedia’s express written consent. This includes:

scraping

data mining

data extraction

data harvesting

‘framing’ (iframes)

Article ‘Spinning’

You must not use this website or any part of it to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without the express written consent of Buttpedia.

You agree not to post, email, or otherwise make available Content:

that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

that is of a discriminatory nature based sex, familial status or handicap, race, color, national origin, religion, (or violates any applicable state or local law prohibiting discrimination on the basis of aforementioned characteristics or any other characteristics);

that includes personal or identifying information about another person without that person’s explicit consent;

that impersonates any person or entity, including, but not limited to, a Buttpedia employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;

that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch” offer;

that includes links to commercial services or Third Party website, except as specifically allowed by Buttpedia;

that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by the Kenyan law; or

that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

make any libelous or defamatory comments or postings to or against anyone;

collect personal data about other users or entities for commercial or unlawful purposes;

post content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;

post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;

attempt to gain unauthorized access to computer systems owned or controlled by Buttpedia or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website.

6 No Warranties

You expressly acknowledge and agree that use of the website and the service is entirely at your own risk and that the website and the service are provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law.

Buttpedia makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Buttpedia does not warrant that:

this website will be constantly available, or available at all; or

the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Buttpedia makes no warranties or representations about the accuracy or completeness of the website’s content or the content of any third party websites linked to the website and assumes no liability or responsibility for any:

errors, mistakes, or inaccuracies of content;

personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website and service;

any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein;

any interruption or cessation of transmission to or from the website;

any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party; and/or

any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the website or the service.

Buttpedia does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and Buttpedia will not be a party to or in any way be responsible for monitoring any transaction between you and/or other users and/or third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

7 Limitations of liability

In no event shall this website or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on this site even if this site or an authorized representative has been notified orally or in writing of the possibility of such damage.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

You specifically acknowledge and agree that Buttpedia shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you.

8 Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

9 Site Uptime

We take all reasonable steps to ensure that this website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.

This website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.

10 Revisions

We take all reasonable steps to ensure that the information on this website is correct. However, the materials appearing on this website could include technical, typographical, or photographic errors. This website does not warrant that any of the materials on it are accurate, complete, or current.

This website may make changes to the materials contained on it at any time without notice. This website does not, however, make any commitment to update the materials.

11 Visitor Conduct

With the exception of personally identifiable information, the use of which is covered under our Privacy Policy, any material you send or post to this website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.

When using this website you shall not post or send to or from this website any material for which you have not obtained all necessary consents, that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in Kenya, and that is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of this item.

12 Links

Any links to third party websites located on this website are provided for your convenience only. This website has not reviewed all of the sites linked to it and is not responsible for the contents of any such linked site.

The inclusion of any link does not imply endorsement by this site. Use of any such linked website is at the user’s own risk. If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, any page on this website.

13 Site Terms of Use Modifications

This website may revise these terms of use at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

14 Other parties

You accept that Buttpedia has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Buttpedia’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Buttpedia’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Buttpedia.

15 Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

16 Indemnity

You hereby indemnify Buttpedia and undertake to keep Buttpedia indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Buttpedia to a third party in settlement of a claim or dispute on the advice of Buttpedia’s legal advisers) incurred or suffered by Buttpedia arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

17 Breaches of these terms and conditions

Without prejudice to Buttpedia’s other rights under these terms and conditions, if Buttpedia believes that you have breached or violated these terms and conditions in any way, Buttpedia may take such action as it deems appropriate to deal with the breach or violation, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website, delete or deactivate your account, block your e-mail address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, and/or bringing court proceedings against you.

Buttpedia may also terminate a user’s access to the Website, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Website more than twice.

Further, at its sole discretion, Buttpedia reserves the right to decide whether any Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene, libelous, or defamatory material, or excessive length. Buttpedia may remove such Content and/or terminate a user’s access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.

18 Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

19 Entire agreement

These terms and conditions, together with Buttpedia’s Privacy Policy constitute the entire agreement between you and Buttpedia in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

20 Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the Republic of Kenya, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Kenya.